Section 8 Company
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REGISTRATION WORKFLOW
EXPRESS TIMELINE01
DAY 1Digital Filing
SPICe+ & MCA Portal Submission
Preparation of DSC, DIN, MOA, AOA & fast-track digital submission to MCA.
02
DAY 2Govt Verification
PAN, TAN & Name Approval
03
DAY 3COI & Bank Account
Official Registration Certificate
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A Private Limited Company is one of the most popular business structures in India, regulated under the Companies Act 2013 and overseen by the Ministry of Corporate Affairs (MCA). It requires a minimum of two directors and two shareholders, who can either be the same or different individuals, with at least one director being a resident of India.
This structure is particularly favored by startups and businesses aiming for growth and scalability, thanks to its flexible ownership model and efficient management framework.
Benefits
Tax Exemption
Minimum Capital Requirement
Separate Legal Entity
Credibility
Title Restriction
Benefits of Opening a Section 8 Company in India
- Tax Exemption: Eligible for 100% tax exemption under Section 12AA of the Income Tax Act as profits are used for charitable purposes.
- Minimum Capital Requirement: Flexible capital structure without any no minimum requirement.
- Separate Legal Entity: Recognized as a separate legal entity with perpetual existence, enhancing autonomy and credibility.
- Credibility: Strict compliance framework boosts trust and reliability compared to NGOs and trusts.
- Title Restriction: Freedom to choose a name without the need to include "Section 8" in it.
Eligibility Criteria for Incorporation of a Section 8 Company
- Indian Nationality: Must be incorporated by an Indian citizen or a Hindu Undivided Family (HUF).
- Minimum Director: At least one director is required.
- Charitable Objectives: The primary goal must involve promoting art, science, sports, education, charity, or aiding lower-income groups.
Documents Required for Section 8 Company Incorporation
1. AOA and MOA:Articles of Association (AOA) and Memorandum of Association (MOA).
2. Declaration:Declaration by the first director(s) and subscriber(s).
3. Proof of Office Address:Utility bills such as electricity, water, or gas.
4. COI of Overseas Body:Certificate of Incorporation (COI) of an overseas corporate body (if applicable).
5. Promoter Resolution:Resolution passed by the promoter company.
6. Consent of Nominee:Consent of Nominee (INC-3).
7. Residential & Identity Proof:Residential and identity proof of nominees and subscribers.
8. Applicant Proof:Applicant's identity and residential proof.
9. Digital Signature Certificate:Digital Signature Certificate (DSC).
10. Declaration:Declaration for unregistered companies.
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